Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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---
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title: "38 U.S.C. § 3002"
description: "Definitions"
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title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "30"
chapter_name: "ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM"
section: "3002"
citation: "38 U.S.C. § 3002"
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# 38 U.S.C. § 3002 - Definitions
## Text
For the purposes of this chapter—
(1) The term “basic educational assistance” means educational assistance provided under subchapter II of this chapter.
(2) The term “supplemental educational assistance” means educational assistance provided under subchapter III of this chapter.
(3) The term “program of education”—
(A) has the meaning given such term in section 3452(b) of this title;
(B) includes—
(i) a preparatory course for a test that is required or used for admission to an institution of higher education; and
(ii) a preparatory course for a test that is required or used for admission to a graduate school; and
(C) in the case of an individual who is not serving on active duty, includes (i) a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title, and (ii) a cooperative program (as defined in section 3482(a)(2) of this title).
(4) The term “Selected Reserve” means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 10143(a) of title 10.
(5) The term “Secretary of Defense” means the Secretary of Defense, except that it means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.
(6) The term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 12103(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.
(7) The term “active duty” includes full-time National Guard duty first performed after June 30, 1985, by a member of the Army National Guard of the United States or the Air National Guard of the United States in the members status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard.
(8) The term “educational institution” has the meaning given such term in section 3452(c) of this title.
(9) The term “emergency situation” has the meaning given such term in section 3601 of this title.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1402; amended Pub. L. 99576, title III, § 301(a), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100689, title I, §§ 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. L. 101237, title IV, § 423(b)(3), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101510, div. A, title V, § 563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered § 3002 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103337, div. A, title XVI, § 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 103446, title VI, § 603(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104275, title I, § 107(a), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106117, title VII, § 701, Nov. 30, 1999, 113 Stat. 1582; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109163, div. A, title V, § 515(e)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 117333, § 3(e)(2), Jan. 5, 2023, 136 Stat. 6127.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 3002 to 3004 were renumbered sections 5102 to 5104 of this title, respectively. Another prior section 3004, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1225, related to reopening of disallowed claims and to effective date of any subsequent awards, prior to repeal by Pub. L. 87825, §§ 5(a), 7, Oct. 15, 1962, 76 Stat. 950, effective first day of second calendar month which begins after Oct. 15, 1962. Prior sections 3005 to 3010 were renumbered sections 5105 to 5110 of this title, respectively.
Amendments2023—Par. (9). Pub. L. 117333 added par. (9). 2006—Par. (6)(C). Pub. L. 109163 substituted “Navy Reserve” for “Naval Reserve”. 2002—Par. (5). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1999—Par. (3)(B), (C). Pub. L. 106117 added subpar. (B) and redesignated former subpar. (B) as (C). 1996—Par. (7). Pub. L. 104275 substituted “June 30, 1985” for “November 29, 1989”. 1994—Par. (4). Pub. L. 103337, § 1677(d)(2)(A), substituted “section 10143(a) of title 10” for “section 268(b) of title 10”. Par. (6). Pub. L. 103337, § 1677(d)(2)(B), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”. Par. (8). Pub. L. 103446 added par. (8). 1991—Pub. L. 10283, § 5(a), renumbered section 1402 of this title as this section. Par. (3). Pub. L. 10283, § 5(c)(1), substituted “3452(b)” for “1652(b)” in subpar. (A) and “3687(a)” for “1787(a)” and “3482(a)(2)” for “1682(a)(2)” in subpar. (B). 1990—Par. (7). Pub. L. 101510 added par. (7). 1989—Par. (5). Pub. L. 101237 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term Secretary means the Secretary of Defense with respect to members of the Armed Forces under the jurisdiction of the Secretary of a military department and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.” 1988—Par. (3)(B). Pub. L. 100689, § 111(a)(1), substituted “in the case of an individual who is not serving on active duty, includes” for “includes”. Pub. L. 100689, § 108(a)(1), inserted cl. (i) designation and added cl. (ii). 1986—Par. (3). Pub. L. 99576 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term program of education has the meaning given such term in section 1652(b) of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Effective Date of 1990 AmendmentPub. L. 101510, div. A, title V, § 563(b), Nov. 5, 1990, 104 Stat. 1575, as amended by Pub. L. 10283, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: “The amendment made by this section [amending this section] shall apply only to individuals who before the date of entry on active duty, as defined in section 3002(7) [formerly 1402(7)] of title 38, United States Code (as added by subsection (a)), have never served on active duty as defined in section 101(21) of that title.”
Effective Date of 1988 AmendmentPub. L. 100689, title I, § 108(c), Nov. 18, 1988, 102 Stat. 4170, provided that: “The amendments made by this section [amending this section and sections 1432, 1602, and 1631 [now 3032, 3202, and 3231] of this title] shall take effect on January 1, 1989.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Election of Benefits Under 1996 AmendmentsPub. L. 104275, title I, § 107(b), Oct. 9, 1996, 110 Stat. 3329, provided that: “(1) An individual may only become eligible for benefits under chapter 30 of title 38, United States Code, as a result of the amendment made by subsection (a) [amending this section] by making an election to become entitled to basic educational assistance under such chapter. The election may only be made during the nine-month period beginning on the date of the enactment of this Act [Oct. 9, 1996] and in the manner required by the Secretary of Defense. “(2) In the case of any individual making an election under paragraph (1)—“(A) the basic pay of an individual who, while a member of the Armed Forces, makes an election under paragraph (1) shall be reduced (in a manner determined by the Secretary of Defense) until the total amount by which such basic pay is reduced is $1,200; or “(B) to the extent that basic pay is not so reduced before the individuals discharge or release from active duty, the Secretary of Veterans Affairs shall collect from an individual who makes such an election an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which amount shall be paid into the Treasury as miscellaneous receipts. “(3) In the case of any individual making an election under paragraph (1), the 10-year period referred to in section 3031 of such title shall begin on the later of—“(A) the date determined under such section 3031; or “(B) the date on which the election under paragraph (1) becomes effective.”
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title: "38 U.S.C. § 3014"
description: "Payment of basic educational assistance"
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# 38 U.S.C. § 3014 - Payment of basic educational assistance
## Text
(a) The Secretary shall pay to each individual entitled to basic educational assistance who is pursuing an approved program of education a basic educational assistance allowance to help meet, in part, the expenses of such individuals subsistence, tuition, fees, supplies, books, equipment, and other educational costs.
(b) (1) In the case of an individual entitled to basic educational assistance who is pursuing education or training described in subsection (a) or (c) of section 2007 of title 10, the Secretary shall, at the election of the individual, pay the individual a basic educational assistance allowance to meet all or a portion of the charges of the educational institution for the education or training that are not paid by the Secretary of the military department concerned under such subsection.
(2) (A) The amount of the basic educational assistance allowance payable to an individual under this subsection for a month shall be the amount of the basic educational assistance allowance to which the individual would be entitled for the month under section 3015 of this title.
(B) The maximum number of months for which an individual may be paid a basic educational assistance allowance under paragraph (1) is 36.
(C) The number of months of entitlement charged under this chapter in the case of an individual who has been paid a basic educational assistance allowance under this subsection shall be equal to the number (including any fraction) determined by dividing the total amount of such educational assistance allowance paid the individual by the full-time monthly institutional rate of educational assistance which such individual would otherwise be paid under subsection (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section 3015 of this title, as the case may be.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1414; amended Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3014, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106398, § 1 [[div. A], title XVI, § 1602(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A359; Pub. L. 10714, § 7(b)(1), June 5, 2001, 115 Stat. 31.)
## Notes
Editorial Notes
Amendments2001—Subsec. (b)(2)(A). Pub. L. 10714, § 7(b)(1)(A), struck out “(without regard to subsection (g) of that section) were payment made under that section instead of under this subsection” before period at end. Subsec. (b)(2)(C). Pub. L. 10714, § 7(b)(1)(B), added subpar. (C). 2000—Pub. L. 106398 designated existing provisions as subsec. (a) and added subsec. (b). 1991—Pub. L. 10283 renumbered section 1414 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentPub. L. 10714, § 7(b)(3), June 5, 2001, 115 Stat. 32, provided that: “The amendments made by this subsection [amending this section and sections 3015 and 3032 of this title] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106419).”
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description: "Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry"
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title_number: 38
title_name: "VETERANS BENEFITS"
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# 38 U.S.C. § 3014A - Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry
## Text
(a) An individual described in subsection (b) who is entitled to basic educational assistance under this subchapter may elect to receive an accelerated payment of the basic educational assistance allowance otherwise payable to the individual under section 3015 of this title.
(b) An individual described in this subsection is an individual who is—
(1) enrolled in an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); and
(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of basic educational assistance allowance otherwise payable to the individual under section 3015 of this title.
(c) (1) The amount of the accelerated payment of basic educational assistance made to an individual making an election under subsection (a) for a program of education shall be the lesser of—
(A) the amount equal to 60 percent of the established charges for the program of education; or
(B) the aggregate amount of basic educational assistance to which the individual remains entitled under this chapter at the time of the payment.
(2) In this subsection, the term “established charges”, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:
(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.
(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.
(3) The educational institution providing the program of education for which an accelerated payment of basic educational assistance allowance is elected by an individual under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education.
(d) An accelerated payment of basic educational assistance made to an individual under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding—
(1) the individuals enrollment in and pursuit of the program of education; and
(2) the amount of the established charges for the program of education.
(e) (1) Except as provided in paragraph (2), for each accelerated payment of basic educational assistance made to an individual under this section, the individuals entitlement to basic educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of basic educational assistance allowance otherwise payable to the individual under section 3015 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.
(2) If the monthly rate of basic educational assistance allowance otherwise payable to an individual under section 3015 of this title increases during the enrollment period of a program of education for which an accelerated payment of basic educational assistance is made under this section, the charge to the individuals entitlement to basic educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the matter provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary.
(f) The Secretary may not make an accelerated payment under this section for a program of education to an individual who has received an advance payment under section 3680(d) of this title for the same enrollment period.
(g) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment under this section.
(Added Pub. L. 107103, title I, § 104(a)(1), Dec. 27, 2001, 115 Stat. 980; amended Pub. L. 107330, title III, § 308(b)(1), (2)(A), Dec. 6, 2002, 116 Stat. 2827.)
## Notes
Editorial Notes
Amendments2002—Pub. L. 107330, § 308(b)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: “Accelerated payment of basic educational assistance for education leading to employment in high technology industry”. Subsec. (b)(1). Pub. L. 107330, § 308(b)(1), substituted “employment in a high technology occupation in a high technology industry” for “employment in a high technology industry”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 107103, title I, § 104(c), Dec. 27, 2001, 115 Stat. 982, provided that: “The amendments made by this section [enacting this section and amending section 3680 of this title] shall take effect October 1, 2002, and shall apply with respect to enrollments in courses or programs of education or training beginning on or after that date.”
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# 38 U.S.C. § 3016 - Inservice enrollment in a program of education
## Text
(a) A member of the Armed Forces who—
(1) first becomes a member or first enters on active duty as a member of the Armed Forces after June 30, 1985, and does not make an election under section 3011(c)(1) or section 3012(d)(1);
(2) completes at least two years of service on active duty after such date;
(3) after such service, continues on active duty or in the Selected Reserve without a break in service (except as described in section 3012(b)(2) of this title); and
(4) but for section 3011(a)(1)(A)(i)(I) 11 See References in Text note below. or 3012(a)(1)(A)(ii) of this title would be eligible for basic educational assistance,
may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 3011(a)(1)(A)(i)(I) 1 or 3012(a)(1)(A)(ii) of this title.
(b) A member of the Armed Forces who—
(1) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title;
(2) after June 30, 1985, has served the two years required by section 3012(a)(1)(B)(i); and
(3) but for section 3012(a)(1)(B)(ii) of this title would be eligible for basic educational assistance,
may, after December 31, 1989, receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 3012(a)(1)(B)(ii) of this title.
(c) A member of the Armed Forces who—
(1) completes at least two years of service on active duty after June 30, 1985;
(2) after such service continues on active duty without a break in service; and
(3) but for section 3018(b)(3)(A) of this title would be entitled to basic educational assistance under this chapter,
may receive such assistance for enrollment in an approved program of education while continuing to perform the service described in section 3018(b)(2) of this title.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2558, § 1416; amended Pub. L. 99576, title III, § 321(4), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100689, title I, § 103(b)(4), Nov. 18, 1988, 102 Stat. 4165; renumbered § 3016 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
References in TextSection 3011(a)(1)(A)(i), referred to in subsec. (a), was amended generally by Pub. L. 106419, title I, § 103(a)(1)(A), Nov. 1, 2000, 114 Stat. 1825, and, as so amended, does not contain a subcl. (I).
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1416 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3011(c)(1)” for “1411(c)(1)”, “3012(d)(1)” for “1412(d)(1)”, “3012(b)(2)” for “1412(b)(2)”, and “3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii)” for “1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii)” in two places. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3012(a)(1)(B)(i)” for “1412(a)(1)(B)(i)” and “3012(a)(1)(B)(ii)” for “1412(a)(1)(B)(ii)” in two places. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3018(b)(3)(A)” for “1418(b)(3)(A)” and “3018(b)(2)” for “1418(b)(2)”. 1988—Subsec. (c). Pub. L. 100689 added subsec. (c). 1986—Pub. L. 99576 amended section generally. Prior to amendment, section read as follows: “A member of the Armed Forces who has completed at least two years of service on active duty after June 30, 1985, has continued on active duty or in the Selected Reserve without a break in service (except as described in section 1412(b)(2) of this title), and who but for section 1411(a)(1) or 1412(a)(1) of this title would be eligible for basic educational assistance may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(1) or 1412(a)(1) of this title.”
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# 38 U.S.C. § 3017 - Death benefit
## Text
(a) (1) In the event of the service-connected death of any individual—
(A) who—
(i) is entitled to basic educational assistance under this chapter; or
(ii) is on active duty in the Armed Forces and but for clause (1)(A)(i) or clause (2) of section 3011(a) or clause (1)(A)(i) or (ii) or clause (2) of section 3012(a) of this title would be eligible for such basic educational assistance; and
(B) who dies while on active duty or within one year after discharge or release from active duty,
the Secretary shall make a payment, subject to paragraph (2)(B) of this subsection, in the amount described in subsection (b) of this section to the person or persons described in paragraph (2)(A) of this subsection.
(2) (A) The payment referred to in paragraph (1) of this subsection shall be made to the person or persons first listed below who is surviving on the date of such individuals death:
(i) The beneficiary or beneficiaries designated by such individual under the individuals Servicemembers Group Life Insurance policy.
(ii) The surviving spouse of the individual.
(iii) The surviving child or children of the individual, in equal shares.
(iv) The surviving parent or parents of the individual, in equal shares.
(B) If no such person survives such individual, no payment shall be made under this section.
(b) The amount of any payment made under this section shall be equal to—
(1) the total of—
(A) the amount reduced from the individuals basic pay under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 3018C(b), or 3018C(e) of this title;
(B) the amount reduced from the individuals retired pay under section 3018C(e) of this title;
(C) the amount collected from the individual by the Secretary under section 3018B(b), 3018C(b), or 3018C(e) of this title; and
(D) the amount of any contributions made by the individual under section 3011(e) or 3012(f) of this title, less
(2) the total of—
(A) the amount of educational assistance that has been paid to the individual under this chapter before the payment is made under this section; and
(B) the amount of accrued benefits paid or payable with respect to such individual in connection with this chapter.
(c) A payment under this section shall be considered to be a benefit under this title and, for purposes of section 3035(b)(1), it shall be considered to be an entitlement earned under this subchapter.
(Added Pub. L. 100689, title I, § 101(a), Nov. 18, 1988, 102 Stat. 4161, § 1417; amended Pub. L. 101237, title IV, § 423(a)(3), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; renumbered § 3017 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, title III, § 308, Oct. 29, 1992, 106 Stat. 4329; Pub. L. 104275, title IV, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 106419, title I, § 102(a)(2), Nov. 1, 2000, 114 Stat. 1824; Pub. L. 10714, § 7(d)(1), June 5, 2001, 115 Stat. 33; Pub. L. 109233, title V, § 503(4), June 15, 2006, 120 Stat. 416.)
## Notes
Editorial Notes
Amendments2006—Subsec. (b)(1)(D). Pub. L. 109233 substituted “3011(e)” for “3011(c)”. 2001—Subsec. (b)(1). Pub. L. 10714 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the amount reduced from the individuals pay under section 3011(b), 3012(c), or 3018(c) of this title, less”. 2000—Subsec. (a)(1)(A)(ii). Pub. L. 106419 substituted “clause (2) of section 3011(a)” for “clause (2)(A) of section 3011(a)”. 1996—Subsec. (a)(2)(A)(i). Pub. L. 104275 substituted “Servicemembers Group” for “Servicemens Group”. 1992—Subsec. (a)(1)(B). Pub. L. 102568 inserted before comma “or within one year after discharge or release from active duty”. 1991—Pub. L. 10283, § 5(a), renumbered section 1417 of this title as this section. Subsec. (a)(1)(A)(ii). Pub. L. 10283, § 5(c)(1), substituted “3011(a)” for “1411(a)” and “3012(a)” for “1412(a)”. Subsec. (b)(1). Pub. L. 10283, § 5(c)(1), substituted “3011(b), 3012(c), or 3018(c)” for “1411(b), 1412(c), or 1418(c)”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3035(b)(1)” for “1435(b)(1)”. 1989—Subsec. (a)(1). Pub. L. 101237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”. Subsec. (a)(1)(A)(ii). Pub. L. 101237, § 423(a)(3), substituted “but for clause (1)(A)(i) or clause (2)(A) of section 1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section 1412(a) of this title” for “but for section 1411(a)(1)(A)(i) or division (i) or (ii) of section 1412(a)(1)(A) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentPub. L. 10714, § 7(d)(2), June 5, 2001, 115 Stat. 33, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of May 1, 2001.”
Effective DatePub. L. 100689, title I, § 101(c), Nov. 18, 1988, 102 Stat. 4162, provided that: “The amendments made by this section [enacting this section] shall take effect as of July 1, 1985.”
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# 38 U.S.C. § 3018 - Opportunity for certain active-duty personnel to withdraw election not to enroll
## Text
(a) Notwithstanding any other provision of this chapter, during the period beginning December 1, 1988, and ending June 30, 1989 (hereinafter in this section referred to as the “open period”), an individual who—
(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces during the period beginning July 1, 1985, and ending June 30, 1988;
(2) has continuously served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member; and
(3) is serving on active duty during the open period,
shall have the opportunity, in accordance with this section and on such form as the Secretary of Defense shall prescribe, to withdraw an election made under section 3011(c)(1) or 3012(d)(1) of this title not to receive educational assistance under this chapter.
(b) An individual described in clauses (1) through (3) of subsection (a) of this section who made an election under section 3011(c)(1) or 3012(d)(1) of this title and who—
(1) while serving on active duty during the open period, makes a withdrawal of such an election;
(2) continues to serve the period of service which, at the beginning of the open period, such individual was obligated to serve;
(3) (A) serves the obligated period of service described in clause (2) of this subsection;
(B) before completing such obligated period of service, is discharged or released from active duty for (i) a service-connected disability, (ii) a medical condition which preexisted such service and which the Secretary determines is not service connected, (iii) hardship, or (iv) a physical or mental condition that was not characterized as a disability and did not result from the individuals own willful misconduct but did interfere with the individuals performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense (or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy); or
(C) before completing such obligated period of service, is (i) discharged or released from active duty for the convenience of the Government after completing not less than 20 months of such period of service, if such period was less than three years, or 30 months, if such period was at least three years, or (ii) involuntarily discharged or released from active duty for the convenience of the Government as a result of a reduction in force, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense;
(4) before applying for benefits under this section—
(A) completes the requirements of a secondary school diploma (or equivalency certificate); or
(B) successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree; and
(5) upon completion of such obligated period of service—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty; or
(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service,
is entitled to basic educational assistance under this chapter.
(c) The basic pay of an individual withdrawing, under subsection (b)(1) of this section, an election under section 3011(c)(1) or 3012(d)(1) of this title shall be reduced by—
(1) $1,200; or
(2) in the case of an individual described in clause (B) or (C) of subsection (b)(3) of this section whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200, an amount less than $1,200.
(d) A withdrawal under subsection (b)(1) of this section is irrevocable.
(Added Pub. L. 100689, title I, § 103(a), Nov. 18, 1988, 102 Stat. 4164, § 1418; amended Pub. L. 101237, title IV, § 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10216, § 10(a)(2), Mar. 22, 1991, 105 Stat. 55; renumbered § 3018 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10286, title V, § 506(b)(2), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102568, title III, § 309(a), Oct. 29, 1992, 106 Stat. 4329; Pub. L. 105368, title II, § 203(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 106419, title I, § 102(c), Nov. 1, 2000, 114 Stat. 1825; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315.)
## Notes
Editorial Notes
Amendments2002—Subsec. (b)(3)(B)(iv). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 2000—Subsec. (b)(4). Pub. L. 106419 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “before completing such obligated period of service (i) has completed the requirements of a secondary school diploma (or an equivalency certificate), or (ii) has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree; and”. 1998—Subsec. (b)(4)(ii). Pub. L. 105368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”. 1992—Subsec. (b)(3)(B)(iv). Pub. L. 102568 added cl. (iv). 1991—Pub. L. 10283, § 5(a), renumbered section 1418 of this title as this section. Subsec. (a). Pub. L. 10286 made technical amendment to directory language of Pub. L. 101237, § 423(b)(4)(A). See 1989 Amendment note below. Pub. L. 10283, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in concluding provisions. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in introductory provisions. Subsec. (b)(4). Pub. L. 10216 substituted “service (i)” for “service,” and added cl. (ii). Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in introductory provisions. 1989—Subsec. (a). Pub. L. 101237, § 423(b)(4)(A), as amended by Pub. L. 10286, inserted “of Defense” after “Secretary” in concluding provisions. Subsec. (b)(3)(B). Pub. L. 101237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1998 AmendmentAmendment by Pub. L. 105368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105368, set out as a note under section 3011 of this title.
Effective Date of 1992 AmendmentPub. L. 102568, title III, § 309(b), Oct. 29, 1992, 106 Stat. 4329, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if enacted on December 1, 1988.”
Effective Date of 1991 AmendmentPub. L. 10286, title V, § 506(b), Aug. 14, 1991, 105 Stat. 426, provided that the amendment made by section 506(b)(2) is effective as of Dec. 18, 1989.
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# 38 U.S.C. § 3018A - Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service
## Text
(a) Notwithstanding any other provision of law, an individual who—
(1) after February 2, 1991, is involuntarily separated (as such term is defined in section 1141 of title 10) with an honorable discharge;
(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(3) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy;
(4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3), before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(5) before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3),
is entitled to basic educational assistance under this chapter.
(b) The basic pay of an individual described in subsection (a) shall be reduced by $1,200.
(c) A withdrawal referred to in subsection (a)(3) is irrevocable.
(d) (1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(4) shall be disenrolled from such chapter 32 program as of the date of such election.
(2) For each individual who is disenrolled from such program, the Secretary shall refund—
(A) as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and
(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual.
(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) shall remain in such Account to make payments of benefits to such individual under section 3015(f) of this title.
(Added Pub. L. 101510, div. A, title V, § 561(a)(1), Nov. 5, 1990, 104 Stat. 1571, § 1418A; amended Pub. L. 10225, title VII, § 705(c)(1), Apr. 6, 1991, 105 Stat. 120; renumbered § 3018A and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title XII, § 1201(d)(4), (i)(4), Nov. 2, 1994, 108 Stat. 4684, 4688; Pub. L. 105368, title II, § 203(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109233, title V, § 503(5), June 15, 2006, 120 Stat. 416.)
## Notes
Editorial Notes
Amendments2006—Subsec. (a)(4), (5). Pub. L. 109233, § 503(5)(B), struck out “of this subsection” after “paragraph (3)”. Subsecs. (b), (c). Pub. L. 109233, § 503(5)(A), struck out “of this section” after “subsection (a)” in subsec. (b) and after “subsection (a)(3)” in subsec. (c). Subsec. (d)(1). Pub. L. 109233, § 503(5)(B), struck out “of this subsection” after “paragraph (3)” and after “subsection (a)(4)”. Subsec. (d)(3). Pub. L. 109233, § 503(5)(B), (C), struck out “of this subsection” after “paragraph (1)” and substituted “of this title” for “of this chapter”. 2002—Subsec. (a)(3). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1998—Subsec. (a)(2). Pub. L. 105368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”. 1994—Subsec. (a)(1). Pub. L. 103446, § 1201(i)(4), substituted “after February 2, 1991,” for “after December 31, 1990, or the end of the 90-day period beginning on the date of the enactment of this section, whichever is later,”. Subsec. (d)(3). Pub. L. 103446, § 1201(d)(4), substituted “section 3015(f)” for “section 3015(e)”. 1991—Pub. L. 10283, § 5(a), renumbered section 1418A of this title as this section. Subsec. (a)(1). Pub. L. 10225 substituted “section 1141 of title 10” for “section 1142 of title 10”. Subsec. (a)(3). Pub. L. 10283, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)”. Subsec. (d)(2), (3). Pub. L. 10283, § 5(c)(1), substituted “3223(b)” for “1623(b)”, “3222(a)” for “1622(a)”, and “3222(c)” for “1622(c)” in par. (2) and “3222” for “1622” and “3015(e)” for “1415(e)” in par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1998 AmendmentAmendment by Pub. L. 105368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105368, set out as a note under section 3011 of this title.
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# 38 U.S.C. § 3018B - Opportunity for certain persons to enroll
## Text
(a) Notwithstanding any other provision of law—
(1) the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who—
(A) is separated from the active military, naval, air, or space service with an honorable discharge and receives voluntary separation incentives under section 1174a or 1175 of title 10;
(B) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as service in the Navy;
(D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(E) before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or
(2) the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow an individual who—
(A) separated before October 23, 1992, from the active military, naval, air, or space service with an honorable discharge and received or is receiving voluntary separation incentives under section 1174a or 1175 of title 10;
(B) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before making an election under this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy, which shall be similar to the regulations prescribed under paragraph (1)(C) of this subsection;
(D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before making an election under this paragraph to receive benefits under this section in lieu of benefits under such chapter 32; and
(E) before October 23, 1993, elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph,
to elect to become entitled to basic education assistance under this chapter.
(b) (1) The basic pay or voluntary separation incentives of an individual who makes an election under subsection (a)(1) to become entitled to basic education assistance under this chapter shall be reduced by $1,200.
(2) The Secretary shall collect $1,200 from an individual who makes an election under subsection (a)(2) to become entitled to basic education assistance under this chapter, which shall be paid into the Treasury of the United States as miscellaneous receipts.
(c) A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C) of this section is irrevocable.
(d) (1) Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(1)(D) or (a)(2)(D) of this section shall be disenrolled from such chapter 32 program as of the date of such election.
(2) For each individual who is disenrolled from such program, the Secretary shall refund—
(A) as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and
(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual.
(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) of this subsection shall remain in such account to make payments of benefits to such individual under section 3015(f) of this title.
(Added Pub. L. 102484, div. D, title XLIV, § 4404(a), Oct. 23, 1992, 106 Stat. 2704; amended Pub. L. 103446, title XII, § 1201(d)(5), (e)(11), (f)(3), Nov. 2, 1994, 108 Stat. 4684, 4685, 4687; Pub. L. 105368, title II, § 203(a), title X, § 1005(b)(6), Nov. 11, 1998, 112 Stat. 3326, 3365; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 116283, div. A, title IX, § 926(a)(40), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a)(1)(A), (2)(A). Pub. L. 116283 substituted “air, or space service” for “or air service”. 2002—Subsec. (a)(1)(C), (2)(C). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1998—Subsec. (a)(1)(B), (2)(B). Pub. L. 105368, § 203(a), substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”. Subsec. (a)(2)(E). Pub. L. 105368, § 1005(b)(6), which directed the substitution of “before October 23, 1993,” for “before the one-year period beginning on the date of the enactment of this section,”, was executed by making the substitution for text which did not include the word “the” before the word “enactment”, to reflect the probable intent of Congress. 1994—Subsec. (a)(2)(A). Pub. L. 103446, § 1201(f)(3), substituted “October 23, 1992,” for “the date of enactment of this section”. Subsec. (d)(1). Pub. L. 103446, § 1201(e)(11)(A), substituted “(a)(2)(D) of this section” for “(a)(2)(D) of this subsection”. Subsec. (d)(3). Pub. L. 103446, § 1201(d)(5), (e)(11)(B), substituted “such account” for “such Account” and “section 3015(f) of this title” for “section 3015(e) of this chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1998 AmendmentAmendment by section 203(a) of Pub. L. 105368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105368, set out as a note under section 3011 of this title.
@@ -0,0 +1,119 @@
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# 38 U.S.C. § 3018C - Opportunity for certain VEAP participants to enroll
## Text
(a) Notwithstanding any other provision of law, an individual who—
(1) is a participant on October 9, 1996, in the educational benefits program provided by chapter 32 of this title;
(2) is serving on active duty (excluding the periods referred to in section 3202(1)(C) of this title) on such date;
(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(4) if discharged or released from active duty after the date on which the individual makes the election described in paragraph (5), is discharged or released therefrom with an honorable discharge; and
(5) during the one-year period beginning on October 9, 1996, makes an irrevocable election to receive benefits under this section in lieu of benefits under chapter 32 of this title, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy;
may elect to become entitled to basic educational assistance under this chapter.
(b) With respect to an individual who makes an election under subsection (a) to become entitled to basic education assistance under this chapter—
(1) the basic pay of the individual shall be reduced (in a manner determined by the Secretary of Defense) until the total amount by which such basic pay is reduced is $1,200; or
(2) to the extent that basic pay is not so reduced before the individuals discharge or release from active duty as specified in subsection (a)(4), the Secretary shall collect from the individual an amount equal to the difference between $1,200 and the total amount of reductions under paragraph (1), which shall be paid into the Treasury of the United States as miscellaneous receipts.
(c) (1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(5) shall be disenrolled from such chapter 32 program as of the date of such election.
(2) For each individual who is disenrolled from such program, the Secretary shall refund—
(A) to the individual, as provided in section 3223(b) of this title and subject to subsection (b)(2) of this section, the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and
(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual.
(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) shall remain in such account to make payments of benefits to such individual under section 3015(f) of this title.
(d) The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) and of subparagraph (A) of section 3012(a)(3) of this title. Receipt of such notice shall be acknowledged in writing.
(e) (1) A qualified individual (described in paragraph (2)) may make an irrevocable election under this subsection, during the one-year period beginning on the date of the enactment of this subsection, to become entitled to basic educational assistance under this chapter. Such an election shall be made in the same manner as elections made under subsection (a)(5).
(2) A qualified individual referred to in paragraph (1) is an individual who meets each of the following requirements:
(A) The individual was a participant in the educational benefits program under chapter 32 of this title on or before October 9, 1996.
(B) The individual has continuously served on active duty since October 9, 1996 (excluding the periods referred to in section 3202(1)(C) of this title), through at least April 1, 2000.
(C) The individual meets the requirements of subsection (a)(3).
(D) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge.
(3) (A) Subject to the succeeding provisions of this paragraph, with respect to a qualified individual who makes an election under paragraph (1) to become entitled to basic education assistance under this chapter—
(i) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and
(ii) to the extent that basic pay is not so reduced before the qualified individuals discharge or release from active duty as specified in subsection (a)(4), at the election of the qualified individual—
(I) the Secretary concerned shall collect from the qualified individual; or
(II) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total amount of reductions under clause (i), which shall be paid into the Treasury of the United States as miscellaneous receipts.
(B) (i) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under paragraph (1), for the qualified individual to pay that Secretary the amount due under subparagraph (A).
(ii) Nothing in clause (i) shall be construed as modifying the period of eligibility for and entitlement to basic education assistance under this chapter applicable under section 3031 of this title.
(C) The provisions of subsection (c) shall apply to qualified individuals making elections under this subsection in the same manner as they applied to individuals making elections under subsection (a)(5).
(4) With respect to qualified individuals referred to in paragraph (3)(A)(ii), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which—
(A) the Secretary concerned collects the applicable amount under subclause (I) of such paragraph; or
(B) the retired or retainer pay of the qualified individual is first reduced under subclause (II) of such paragraph.
(5) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice to participants in the educational benefits program under chapter 32 of this title of the opportunity under this subsection to elect to become entitled to basic educational assistance under this chapter.
(Added Pub. L. 104275, title I, § 106(a), Oct. 9, 1996, 110 Stat. 3327; amended Pub. L. 105114, title IV, § 401(c), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105368, title II, § 203(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 106398, § 1 [[div. A], title XVI, § 1601], Oct. 30, 2000, 114 Stat. 1654, 1654A357; Pub. L. 106419, title I, § 104(a)(c)(1), Nov. 1, 2000, 114 Stat. 1827, 1828; Pub. L. 10714, § 7(e)(1), June 5, 2001, 115 Stat. 33; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107330, title III, § 308(g)(9), Dec. 6, 2002, 116 Stat. 2829.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 106419, which was approved Nov. 1, 2000.
Amendments2002—Subsec. (a)(5). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. Subsec. (e)(2)(B). Pub. L. 107330 struck out comma after “April”. 2001—Subsec. (b). Pub. L. 10714 struck out “or (e)” after “subsection (a)” in introductory provisions. 2000—Pub. L. 106419, § 104(c)(1), provided that as of the enactment of Pub. L. 106419, the amendments made by Pub. L. 106398, § 1 [[div. A], title XVI, § 1601], were deemed for all purposes not to have taken effect and that Pub. L. 106398, § 1 [[div. A], title XVI, § 1601], ceased to be in effect. See Amendment notes below. Subsec. (b). Pub. L. 106419, § 104(b), substituted “subsection (a) or (e)” for “subsection (a)” in introductory provisions. Pub. L. 106398, § 1 [[div. A], title XVI, § 1601(b)], which substituted “subsection (a) or (e)” for “subsection (a)” in introductory provisions, was terminated by Pub. L. 106419, § 104(c)(1). See Amendment note above. Subsec. (e). Pub. L. 106419, § 104(a), added subsec. (e). Pub. L. 106398, § 1 [[div. A], title XVI, § 1601(a)], which added a subsec. (e) substantially identical to the subsec. (e) added by Pub. L. 106419, § 104(a), was terminated by Pub. L. 106419, § 104(c)(1). See Amendment notes above. 1998—Subsec. (a)(3). Pub. L. 105368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”. 1997—Subsec. (a)(1). Pub. L. 105114, § 401(c)(1), substituted “October 9, 1996,” for “the date of the enactment of the Veterans Benefits Improvements Act of 1996”. Subsec. (a)(4). Pub. L. 105114, § 401(c)(2), substituted “after the date on which the individual makes the election described” for “during the one-year period specified”. Subsec. (a)(5). Pub. L. 105114, § 401(c)(3), substituted “October 9, 1996” for “the date of the enactment of the Veterans Benefits Improvements Act of 1996”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1998 AmendmentAmendment by Pub. L. 105368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105368, set out as a note under section 3011 of this title.
Treatment of Certain ContributionsPub. L. 10714, § 7(e)(2), June 5, 2001, 115 Stat. 33, provided that: “Any amount collected under section 3018C(b) of title 38, United States Code (whether by reduction in basic pay under paragraph (1) of that section, collection under paragraph (2) of that section, or both), with respect to an individual who enrolled in basic educational assistance under section 3018C(e) of that title, during the period beginning on November 1, 2000, and ending on the date of the enactment of this Act [June 5, 2001], shall be treated as an amount collected with respect to the individual under section 3018C(e)(3)(A) of that title (whether as a reduction in basic pay under clause (i) of that section, a collection under clause (ii) of that section, or both) for basic educational assistance under section 3018C of that title.”
@@ -0,0 +1,47 @@
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# 38 U.S.C. § 3019 - Tutorial assistance
## Text
(a) An individual entitled to an educational assistance allowance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492 of this title, subject to the conditions applicable to an eligible veteran under such section.
(b) The amount of such benefits payable under this section may not exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized. This amount is in addition to the amount of educational assistance allowance payable to the individual under this chapter.
(c) (1) An individuals period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the individual under this section in excess of $600.
(2) An individuals period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.
(Added Pub. L. 100689, title I, § 107(a)(1), Nov. 18, 1988, 102 Stat. 4167, § 1419; renumbered § 3019 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1419 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3492” for “1692”.
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# 38 U.S.C. § 3020 - Authority to transfer unused education benefits to family members for career service members
## Text
(a) In General.— Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assistance, subject to the limitation under subsection (d).
(b) Eligible Individuals.— An individual referred to in subsection (a) is any member of the Armed Forces—
(1) who, while serving on active duty or as a member of the Selected Reserve at the time of the approval by the Secretary concerned of the members request to transfer entitlement to basic educational assistance under this section, has completed six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or
(2) as determined in regulations pursuant to subsection (k).
(c) Eligible Dependents.— An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individuals entitlement as follows:
(1) To the individuals spouse.
(2) To one or more of the individuals children.
(3) To a combination of the individuals referred to in paragraphs (1) and (2).
(d) Limitation on Months of Transfer.— (1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c).
(2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
(e) Designation of Transferee.— An individual transferring an entitlement to basic educational assistance under this section shall—
(1) designate the dependent or dependents to whom such entitlement is being transferred;
(2) designate the number of months of such entitlement to be transferred to each such dependent; and
(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).
(f) Time for Transfer; Revocation and Modification.— (1) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individuals request to transfer such entitlement only while the individual is a member of the Armed Forces when the transfer is executed.
(2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred as long as the individual is serving on active duty or as a member of the Selected Reserve.
(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.
(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(g) Commencement of Use.— A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until—
(1) in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of six years of service in the Armed Forces; or
(2) in the case of entitlement transferred to a child, both—
(A) the completion by the individual making the transfer of 10 years of service in the Armed Forces; and
(B) either—
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
(h) Additional Administrative Matters.— (1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used.
(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom the entitlement was transferred.
(3) (A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 of this title to the individual making the transfer.
(B) The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of section 3032 of this title, except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used.
(4) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
(5) Notwithstanding section 3031 of this title, a child to whom entitlement is transferred under this section may use the benefit without regard to the 10-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years.
(6) The administrative provisions of this chapter (including the provisions set forth in section 3034(a)(1) of this title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions.
(7) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
(i) Overpayment.— (1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title.
(2) Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(3) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of basic educational assistance under paragraph (1).
(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual—
(A) by reason of the death of the individual; or
(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of this title.
(j) Approvals of Transfer Subject to Availability of Appropriations.— The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of title 10 in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year.
(k) Regulations.— The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify—
(1) the manner of authorizing the military departments to offer transfer of entitlements under this section;
(2) the eligibility criteria in accordance with subsection (b);
(3) the limitations on the amount of entitlement eligible to be transferred; and
(4) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).
(l) Secretary Concerned Defined.— Notwithstanding section 101(25) of this title, in this section, the term “Secretary concerned” means—
(1) the Secretary of the Army with respect to matters concerning the Army;
(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps;
(3) the Secretary of the Air Force with respect to matters concerning the Air Force or the Space Force; and
(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.
(Added Pub. L. 107107, div. A, title VI, § 654(a)(1), Dec. 28, 2001, 115 Stat. 1153; amended Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107314, div. A, title VI, § 643(a), Dec. 2, 2002, 116 Stat. 2577; Pub. L. 110252, title V, § 5006(a), June 30, 2008, 122 Stat. 2380; Pub. L. 11281, div. A, title X, § 1063(b), Dec. 31, 2011, 125 Stat. 1586; Pub. L. 116283, div. A, title IX, § 926(f), Jan. 1, 2021, 134 Stat. 3831.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3020 was renumbered section 5120 of this title.
Amendments2021—Subsec. (l)(3). Pub. L. 116283 inserted “or the Space Force” before semicolon. 2011—Subsecs. (l), (m). Pub. L. 11281 redesignated subsec. (m) as (l) and struck out former subsec. (l) which required the Secretary of Defense to submit an annual report on approved transfers of entitlement to basic educational assistance. 2008—Pub. L. 110252, § 5006(a)(1), substituted “Authority to transfer unused education benefits to family members for career service members” for “Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills” in section catchline. Subsecs. (a), (b). Pub. L. 110252, § 5006(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which provided for transfers of entitlement to basic educational assistance from eligible members of the Armed Forces to certain dependents and described eligibility criteria for such members, respectively. Subsec. (d). Pub. L. 110252, § 5006(a)(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The total number of months of entitlement transferred by an individual under this section may not exceed 18 months.” Subsec. (f)(1). Pub. L. 110252, § 5006(a)(3), substituted “only while” for “without regard to whether”. Subsec. (f)(2)(A). Pub. L. 110252, § 5006(a)(4), inserted “as long as the individual is serving on active duty or as a member of the Selected Reserve” after “so transferred”. Subsec. (f)(3). Pub. L. 110252, § 5006(a)(5), added par. (3). Subsec. (h)(5). Pub. L. 110252, § 5006(a)(6), inserted “may use the benefit without regard to the 10-year delimiting date, but” after “under this section”. Subsec. (k). Pub. L. 110252, § 5006(a)(7), added subsec. (k) and struck out former subsec. (k). Prior to amendment, text read as follows: “The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (h)(5) to a dependent to whom entitlement is transferred under this section.” 2002—Subsec. (h)(2). Pub. L. 107314, § 643(a)(1), substituted “paragraphs (5) and (6)” for “paragraphs (4) and (5)” and struck out “and at the same rate” after “in the same manner”. Subsec. (h)(3) to (7). Pub. L. 107314, § 643(a)(2), (3), added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. Subsec. (m)(4). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentsPub. L. 107314, div. A, title VI, § 643(c)(1), Dec. 2, 2002, 116 Stat. 2578, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 3020 of title 38, United States Code, by section 654(a)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107107; 115 Stat. 1153).” Amendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Plan for ImplementationPub. L. 107107, div. A, title VI, § 654(c), Dec. 28, 2001, 115 Stat. 1157, required the Secretary of Defense, not later than June 30, 2002, to submit to Congress a report describing the manner in which the Secretaries of the military departments and the Secretary of Transportation propose to exercise the authority granted by this section, including the regulations prescribed under subsec. (k) of this section for purposes of the exercise of the authority.
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# 38 U.S.C. § 3021 - Supplemental educational assistance for additional service
## Text
(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—
(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3011(a)(1) of this title without a break in such service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty without a break in service; or
(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.
(b) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—
(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3012(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve after the years of duty in the Selected Reserve counted under such section without a break in service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or
(B) continues on active duty or in the Selected Reserve.
(c) Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken—
(1) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the members Armed Force that the member is eligible to join or that has a vacancy; or
(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.
(d) A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2558, § 1421; amended Pub. L. 99576, title III, § 321(5), (6), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100689, title I, § 103(b)(5), Nov. 18, 1988, 102 Stat. 4166; Pub. L. 101237, title IV, § 423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3021 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 3021 was renumbered section 5121 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1421 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3011 or 3018” for “1411 or 1418” in introductory provisions and “3011(a)(1)” for “1411(a)(1)” in par. (1). Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3012 or 3018” for “1412 or 1418” in introductory provisions and “3012(a)(1)” for “1412(a)(1)” in par. (1). 1989—Subsecs. (a), (b). Pub. L. 101237 inserted “of Defense” after second reference to “Secretary”. 1988—Subsecs. (a), (b). Pub. L. 100689 inserted reference to section 1418 of this title. 1986—Subsec. (a)(1). Pub. L. 99576, § 321(5), substituted “after” for “in addition to”. Subsec. (b)(1). Pub. L. 99576, § 321(5), substituted “after” for “in addition to” in two places. Subsec. (c)(1). Pub. L. 99576, § 321(6), substituted “the members” for “his”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98525, title VII, § 702(b), Oct. 19, 1984, 98 Stat. 2563, provided that: “Subchapter III of chapter 30 of title 38, United States Code, as added by subsection (a), shall take effect on July 1, 1986.”
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# 38 U.S.C. § 3022 - Amount of supplemental educational assistance
## Text
(a) The amount of payment of educational assistance under this chapter is subject to section 3032 of this title. Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under section 3021 of this title shall be paid—
(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
(b) In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2559, § 1422; amended Pub. L. 100689, title I, § 111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101237, title IV, § 423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3022 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 3022 was renumbered section 5122 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1422 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3032” for “1432” and “3021” for “1421” in introductory provisions. 1989—Subsec. (a)(2). Pub. L. 101237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”. Subsec. (b). Pub. L. 101237 inserted “of Defense” after third reference to “Secretary”. 1988—Subsec. (a). Pub. L. 100689 substituted “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except” for “Subject to section 1432 of this title and except”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1986, see section 702(b) of Pub. L. 98525, set out as a note under section 3021 of this title.
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# 38 U.S.C. § 3023 - Payment of supplemental educational assistance under this subchapter
## Text
The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1423; amended Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3023, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 3023 was renumbered section 5123 of this title.
Amendments1991—Pub. L. 10283 renumbered section 1423 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1986, see section 702(b) of Pub. L. 98525, set out as a note under section 3021 of this title.
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# 38 U.S.C. § 3032 - Limitations on educational assistance for certain individuals
## Text
(a) In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education—
(1) while on active duty; or
(2) on less than a half-time basis,
the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section.
(b) The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the least of the following: (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (3) the amount of the charges of the educational institution elected by the individual under section 3014(b)(1) of this title.
(c) (1) Except as provided in paragraph (2) of this subsection, the amount of the monthly educational assistance allowance payable to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—
(A) for each of the first six months of the individuals pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this chapter;
(B) for each of the second six months of the individuals pursuit of such program, 55 percent of such monthly educational assistance allowance; and
(C) for each of the months following the first 12 months of the individuals pursuit of such program, 35 percent of such monthly educational assistance allowance.
(2) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under paragraph (1) of this subsection as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.
(3) (A) Except as provided in subparagraph (B) of this paragraph, for each month that an individual is paid a monthly educational assistance allowance under this chapter, the individuals entitlement under this chapter shall be charged at the rate of—
(i) 75 percent of a month in the case of payments made in accordance with paragraph (1)(A) of this subsection;
(ii) 55 percent of a month in the case of payments made in accordance with paragraph (1)(B) of this subsection; and
(iii) 35 percent of a month in the case of payments made in accordance with paragraph (1)(C) of this subsection.
(B) Any such charge to the individuals entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2) of this subsection.
(d) (1) (A) The amount of the educational assistance allowance payable under this chapter to an individual who enters into an agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such individual.
(B) For purposes of this paragraph, the term “established charge” means the lesser of—
(i) the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or
(ii) the actual charge to the individual for such course or courses.
(2) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution.
(3) In each case in which the rate of payment to an individual is determined under paragraph (1) of this subsection, the period of entitlement of such individual under this chapter shall be charged at the rate of one month for each payment of educational assistance to the individual that is equal to the amount of monthly educational assistance the individual would otherwise be eligible to receive for full-time pursuit of an institutional course under this chapter.
(e) (1) Notwithstanding subsection (a) of this section, each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 3034(d) of this title shall be paid an educational assistance allowance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay.
(2) No educational assistance allowance may be paid under this chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training.
(3) The number of months of entitlement charged in the case of any individual for a program of education described in paragraph (1) of this subsection shall be equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such program by the monthly rate of educational assistance which, except for paragraph (1) of this subsection, such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
(4) The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or certification which is the goal of the individuals flight training.
(f) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test.
(2) The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance which, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
(3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individuals available entitlement under this chapter.
(g) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test.
(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individuals available entitlement under this chapter.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2561, § 1432; amended Pub. L. 99576, title III, § 301(b), (d)(1), Oct. 28, 1986, 100 Stat. 3267, 3268; Pub. L. 100689, title I, §§ 108(a)(2), 111(a)(7)(A), (8), Nov. 18, 1988, 102 Stat. 4169, 4172; Pub. L. 101237, title IV, § 422(a)(2), Dec. 18, 1989, 103 Stat. 2089; Pub. L. 10216, § 10(a)(3), Mar. 22, 1991, 105 Stat. 55; renumbered § 3032 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, title III, § 310(a), Oct. 29, 1992, 106 Stat. 4329; Pub. L. 103446, title XII, § 1201(d)(6), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104275, title I, § 105(a), Oct. 9, 1996, 110 Stat. 3327; Pub. L. 106419, title I, § 122(b)(1), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 10714, § 7(b)(2)(B), June 5, 2001, 115 Stat. 32; Pub. L. 108454, title I, § 106(b)(1), Dec. 10, 2004, 118 Stat. 3602.)
## Notes
Editorial Notes
Amendments2004—Subsec. (g). Pub. L. 108454 added subsec. (g). 2001—Subsec. (b). Pub. L. 10714 substituted “the least of the following:” for “the lesser of” and added cl. (3). 2000—Subsec. (f). Pub. L. 106419 added subsec. (f). 1996—Subsecs. (d) to (f). Pub. L. 104275 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: “(d)(1) The amount of the monthly educational assistance allowance payable to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly allowance otherwise payable to such individual under section 3015 and section 3022, if applicable, of this title. “(2) For each month that an individual is paid a monthly educational assistance allowance for pursuit of a cooperative program under this chapter, the individuals entitlement under this chapter shall be charged at the rate of 80 percent of a month.” 1994—Subsec. (f)(3). Pub. L. 103446 substituted “(d), or (e)(1)” for “(c), or (d)(1)”. 1992—Subsec. (f)(1). Pub. L. 102568, § 310(a)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “for tuition and fees”. Subsec. (f)(4). Pub. L. 102568, § 310(a)(2), added par. (4). 1991—Pub. L. 10283, § 5(a), renumbered section 1432 of this title as this section. Subsec. (d)(1). Pub. L. 10283, § 5(c)(1), substituted “3015” for “1415” and “3022” for “1422”. Subsec. (f)(1). Pub. L. 10283, § 5(c)(1), substituted “3034(d)” for “1434(d)”. Subsec. (f)(3). Pub. L. 10283, § 5(c)(1), substituted “3015” for “1415”. Pub. L. 10216 substituted “(c), or (d)(1)” for “or (c)”. 1989—Subsec. (f). Pub. L. 101237 added subsec. (f). 1988—Subsec. (c)(3)(A). Pub. L. 100689, § 111(a)(8)(A), (B), designated existing provision as subpar. (A) and substituted “Except as provided in subparagraph (B) of this paragraph, for” for “For”, and redesignated subpars. (A) to (C) as cls. (i) to (iii), respectively. Subsec. (c)(3)(B). Pub. L. 100689, § 111(a)(8)(C), added subpar. (B). Subsec. (d). Pub. L. 100689, § 108(a)(2), added subsec. (d). Subsec. (e). Pub. L. 100689, § 111(a)(7)(A), added subsec. (e). 1986—Pub. L. 99576, § 301(d)(1), substituted “Limitations” for “Limitation” in section catchline. Subsec. (c). Pub. L. 99576, § 301(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentAmendment by Pub. L. 10714 effective as if enacted on Nov. 1, 2000, immediately after the enactment of Pub. L. 106419, see section 7(b)(3) of Pub. L. 10714, set out as a note under section 3014 of this title.
Effective Date of 2000 AmendmentPub. L. 106419, title I, § 122(d), Nov. 1, 2000, 114 Stat. 1837, provided that: “The amendments made by this section [enacting section 3689 of this title and amending this section and sections 3232, 3452, 3482, 3501, and 3532 of this title] shall take effect on March 1, 2001, and shall apply with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date.”
Effective Date of 1992 AmendmentAmendment by Pub. L. 102568 applicable to flight training received under this chapter, chapter 32 of this title, and chapter 106 of Title 10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 102568, set out as a note under section 16131 of Title 10.
Effective Date of 1989 AmendmentAmendment by Pub. L. 101237 effective Sept. 30, 1990, see section 422(d) of Pub. L. 101237, set out as a note under section 16131 of Title 10, Armed Forces.
Effective Date of 1988 AmendmentAmendment by section 108(a)(2) of Pub. L. 100689 effective Jan. 1, 1989, see section 108(c) of Pub. L. 100689, set out as a note under section 3002 of this title.
Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Montgomery GI BillPub. L. 108454, title I, § 103(a), Dec. 10, 2004, 118 Stat. 3600, provided that: “For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (c)(1) of section 3032 of title 38, United States Code, shall be applied as if— “(1) the reference to 75 percent in subparagraph (A) were a reference to 85 percent; “(2) the reference to 55 percent in subparagraph (B) were a reference to 65 percent; and “(3) the reference to 35 percent in subparagraph (C) were a reference to 45 percent.”
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# 38 U.S.C. § 3033 - Bar to duplication of educational assistance benefits
## Text
(a) (1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.
(2) An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.
(b) A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.
(c) An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2561, § 1433; amended Pub. L. 99576, title III, § 306, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 101237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10216, § 10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered § 3033, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110252, title V, § 5003(b)(1)(A), June 30, 2008, 122 Stat. 2375.)
## Notes
Editorial Notes
References in TextThe Hostage Relief Act of 1980, referred to in subsec. (a)(1), is Pub. L. 96449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees.
Amendments2008—Subsec. (a)(1). Pub. L. 110252, § 5003(b)(1)(A)(i), inserted “33,” after “32,”. Subsec. (c). Pub. L. 110252, § 5003(b)(1)(A)(ii), substituted “two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10” for “both the program established by this chapter and the program established by chapter 106 of title 10”. 1991—Pub. L. 10283 renumbered section 1433 of this title as this section. Subsec. (b). Pub. L. 10216 substituted “chapter 109 of title 10” for “section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note),”. 1989—Subsecs. (a)(1), (c). Pub. L. 101237 substituted “Secretary” for “Administrator”. 1986—Subsec. (a)(1). Pub. L. 99576, § 306(a), substituted “chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs” for “chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs”. Subsec. (c). Pub. L. 99576, § 306(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110252, set out as a note under section 16163 of Title 10, Armed Forces.
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# 38 U.S.C. § 3035 - Allocation of administration and of program costs
## Text
(a) Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by this chapter shall be administered by the Department of Veterans Affairs.
(b) (1) Except to the extent provided in paragraphs (2), (3), and (4), payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Department of Veterans Affairs for the payment of readjustment benefits and from transfers from the Post-Vietnam Era Veterans Education Account pursuant to section 3232(b)(2)(B) of this title.
(2) Payments for entitlement earned under subchapter II of this chapter that is established under section 3015(d) of this title at a rate in excess of the rate prescribed under subsection (a) or (b) of section 3015 of this title shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Homeland Security, as appropriate.
(3) Payment for entitlements established under section 3018A or 3018B of this title shall be made—
(A) except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under section 2006 of title 10;
(B) in the case of any individual described in section 3018A(a)(3), 3018B(a)(1)(C), or 3018B(a)(2)(C) of this title, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and
(C) in the case of the increase in payments made under section 3015(f) of this title, from the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title.
(4) Payments attributable to the increased usage of benefits as a result of transfers of entitlement to basic educational assistance under section 3020 of this title shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate.
(c) Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Homeland Security, as appropriate.
(d) Funds for the payment by the Secretary of benefits under this chapter that are to be paid from the Department of Defense Education Benefits Fund shall be transferred to the Department of Veterans Affairs from such Fund as necessary and in accordance with agreements entered into under section 2006 of title 10 by the Secretary, the Secretary of Defense, and the Secretary of the Treasury. Funds for the payment by the Secretary of benefits under this chapter that are to be paid from appropriations made to the Department of Homeland Security shall be transferred to the Department of Veterans Affairs as necessary. The Secretary and the Secretary of Homeland Security shall enter into an agreement for the manner in which such transfers are to be made.
(e) Payments for tutorial assistance benefits under section 3019 of this title shall be made—
(1) in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and
(2) in the case of payments to an individual for such benefits in excess of $600, from—
(A) funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits;
(B) the Department of Defense Education Benefits Fund established under section 2006 of title 10; and
(C) funds appropriated to the Department of Homeland Security,
in the same proportion as the Fund described in subclause (B) of this clause and the funds described in subclause (A) or (C) of this clause are used to pay the educational assistance allowance to the individual under this chapter.
(Added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1435; amended Pub. L. 99576, title III, § 321(8), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100689, title I, § 107(a)(2), Nov. 18, 1988, 102 Stat. 4168; Pub. L. 101237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101510, div. A, title V, § 561(b)(3), Nov. 5, 1990, 104 Stat. 1573; renumbered § 3035 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102484, div. D, title XLIV, § 4404(b)(3), Oct. 23, 1992, 106 Stat. 2706; Pub. L. 103446, title XII, § 1201(d)(7), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104275, title I, § 106(c)(2), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 107296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107314, div. A, title VI, § 643(b), Dec. 2, 2002, 116 Stat. 2577; Pub. L. 107330, title III, § 308(c)(1), Dec. 6, 2002, 116 Stat. 2827.)
## Notes
Editorial Notes
Amendments2002—Subsec. (b)(1). Pub. L. 107314, § 643(b)(1), and Pub. L. 107330, § 308(c)(1)(A), amended par. (1) identically, substituting “paragraphs (2), (3), and (4),” for “paragraphs (2) and (3) of this subsection,”. Subsec. (b)(2). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. Subsec. (b)(4). Pub. L. 107314, § 643(b)(2), and Pub. L. 107330, § 308(c)(1)(B), amended subsec. (b) identically, adding par. (4). Subsecs. (c) to (e). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation” wherever appearing. 1996—Subsec. (b)(1). Pub. L. 104275 inserted before period at end “and from transfers from the Post-Vietnam Era Veterans Education Account pursuant to section 3232(b)(2)(B) of this title”. 1994—Subsec. (b)(2). Pub. L. 103446, § 1201(d)(7)(A), substituted “section 3015(d)” for “section 3015(c)”. Subsec. (b)(3)(C). Pub. L. 103446, § 1201(d)(7)(B), substituted “section 3015(f)” for “section 3015(e)”. 1992—Subsec. (b)(3). Pub. L. 102484 inserted “or 3018B” in introductory provisions and “, 3018B(a)(1)(C), or 3018B(a)(2)(C)” in subpar. (B). 1991—Pub. L. 10283, § 5(a), renumbered section 1435 of this title as this section. Subsec. (b)(2). Pub. L. 10283, § 5(c)(1), substituted “3015(c)” for “1415(c)” and “3015” for “1415”. Subsec. (b)(3). Pub. L. 10283, § 5(c)(1), substituted “3018A” for “1418A” in introductory provisions, “3018A(a)(3)” for “1418A(a)(3)” in subpar. (B), and “3015(e)” for “1415(e)” and “3222(a)” for “1622(a)” in subpar. (C). Subsec. (e). Pub. L. 10283, § 5(c)(1), substituted “3019” for “1419” in introductory provisions. 1990—Subsec. (b)(1). Pub. L. 101510, § 561(b)(3)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”. Subsec. (b)(3). Pub. L. 101510, § 561(b)(3)(B), added par. (3). 1989—Subsecs. (a), (b)(1), (d), (e)(1), (2)(A). Pub. L. 101237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively, wherever appearing. 1988—Subsec. (e). Pub. L. 100689 added subsec. (e). 1986—Subsec. (b)(2). Pub. L. 99576 substituted “subsection (a) or (b) of section 1415” for “section 1415(a)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentsPub. L. 107330, title III, § 308(c)(2), Dec. 6, 2002, 116 Stat. 2828, provided that: “The amendments made by this subsection [amending this section] shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107107), to which such amendments relate.” Pub. L. 107314, div. A, title VI, § 643(c)(2), Dec. 2, 2002, 116 Stat. 2578, provided that: “The amendments made by subsection (b) [amending this section] shall take effect as if made by section 654 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107107; 115 Stat. 1153).” Amendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
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# 38 U.S.C. § 3036 - Repealed. Pub. L. 112154, title IV, § 402(b)(1), Aug. 6, 2012, 126 Stat. 1189]
## Notes
Section, added Pub. L. 98525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2563, § 1436; amended Pub. L. 101237, title IV, § 423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3036, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title II, § 207(c), Nov. 11, 1998, 112 Stat. 3328; Pub. L. 106419, title IV, § 403(c)(4), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109444, § 4(b), Dec. 21, 2006, 120 Stat. 3308; Pub. L. 109461, title III, § 305(b), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3428, 3468, required the Secretary of Defense and the Secretary of Veterans Affairs to submit to the Congress at least once every two years separate reports on the operation of the program provided for in this chapter.